Alexander v. Executive Director of Colorado Dept. of Corrections et al

Filing 65

FINAL JUDGMENT in favor of Ass. Warden of Sterling Correctional Facility, Colorado Department of Corrections, Executive Director of Colorado Dept. of Corrections, Sterling Correctional Facility, Warden of Sterling Correctional Facility, (I) Ass. War den of Sterling Correctional Facility, (I) Executive Director of Colorado Dept. of Corrections, (I) Warden of Sterling Correctional Facility, David Scherbarth against Darrick Alexander re: 64 Order on Motion to Dismiss, by Clerk on 09/30/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00647-CBS
DARRICK ALEXANDER,
Plaintiff,
v.
EXECUTIVE DIRECTOR OF COLORADO DEPT. OF CORRECTIONS,
WARDEN, STERLING CORRECTIONAL FACILITY,
ASS. WARDEN, STERLING CORRECTIONAL FACILITY,
JANE OR JOHN DOE ADMINISTRATIVE HEADS, S.C.F.,
C. SOARES, Administrative Head, S.C.F.,
MAJOR RIVORD, S.C.F.
JANE OR JOHN DOE KITCHEN STAFF, S.C.F.,
LT. BYCKOWSKI, S.C.F.,
SGT. BELCHER, S.C.F.,
JOHN OR JANE DOE, S.C.F.,
(All Defendants in their individual and official capacities)
Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Minute Entry # [64] of Magistrate Judge Craig B. Shaffer entered
on September 19, 2014 it is
ORDERED that Defendant’s Motion to Dismiss Second Amended Complaint [38]
is GRANTED as stated on the record.
IT IS FURTHER ORDERED that Defendants Executive Director of Colorado
Dept. of Corrections Rick Raemisch, Warden James Falk, Assistant Warden Kevin
Milyard, Administrative Head Carole Soares, Major Jeffrey Revord, Lieutenant Edward
Byckowski, and sergeant Joseph Belcher are dismissed from this action WITHOUT

prejudice.
IT IS FURTHER ORDERED that the Court is dismissing WITHOUT prejudice the
request for compensatory damages against Defendants in their official capacities.
IT IS FURTHER ORDERED that the Court is dismissing WITHOUT prejudice the
11th claim for injuries associated with ventilation.
IT IS FURTHER ORDERED that the Court is dismissing WITH prejudice the 11th
claim, for injuries not associated with ventilation.
IT IS FURTHER ORDERED that Defendants John and Jane Does named in
claims 1, 2, 11, and 20 are dismissed WITHOUT prejudice.
IT IS FURTHER ORDERED that this action is DISMISSED with all parties
responsible for their own fees and costs.

Dated at Denver, Colorado this 30th day of September, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

Amanda Montoya
Amanda Montoya
Deputy Clerk